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Diamond Offshore Management Company v. Marks2/27/2003
8.00, provided that this remitted judgment is accepted within twenty-one days and paid within thirty days. Otherwise, a new trial confined to the issue of damages is granted, and the case is remanded for such. Should Marks accept the remittitur, the principal sum of $1,643,018.00 will be payable together with interest at the legal rate on that sum from the date of the original judgment in his favor. Turner, 543 So. 2d at 160. On all other issues, we affirm the decision of the trial court.
. AFFIRMED AS TO LIABILITY; JUDGMENT VACATED AND REMITTED FROM $3,643,018.00 TO $1,643,018.00, CONDITIONED UPON ACCEPTANCE WITHIN TWENTY-ONE (21) DAYS AND PAYMENT WITHIN THIRTY (30) DAYS; OTHERWISE, THE CASE IS REMANDED FOR A NEW TRIAL AS TO DAMAGES ONLY.
PITTMAN, C.J., SMITH, P.J., WALLER, EASLEY AND CARLSON, JJ., CONCUR. GRAVES, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. McRAE, P.J., AND DIAZ, J., NOT PARTICIPATING.
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